ELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES COAST GUARD et al and 5 other new FOIA lawsuits, plus case descriptions

We have added 24 documents from 6 FOIA cases filed between September 13, 2015 and September 19, 2015. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. ELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES COAST GUARD et al (filed Sep 18, 2015)
   EPIC submitted a FOIA request to the U.S. Coast Guard for records concerning the Nationwide Automatic Identification System, a network of 200 receiver sites operated by the Coast Guard and located along the coast and rivers to collect information about vessels in coastal and territorial waters. After hearing nothing from the agency concerning its request, EPIC filed an administrative appeal challenging the agency’s delay. The Coast Guard acknowledged receipt of the appeal, but after hearing nothing further from the agency, EPIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES CHEMICAL SAFETY BOARD (filed Sep 14, 2015)
   PEER submitted four FOIA requests to the U.S. Chemical Safety Board for records various records of the agency. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. San Luis & Delta-Mendota Water Authority v. Office of the Solicitor, of the U.S. Department of the Interior, et al. (filed Sep 17, 2015)
   The San Luis & Delta-Mendota Water Authority submitted a FOIA request to the Office of the Solicitor at the Department of the Interior for records concerning a recent opinion that allegedly reinterpreted a statutory provision to allow Interior to issue regulations concerning increased water flow from the Trinity River Division. After hearing nothing further from the agency, the Water Authority filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. BURWELL v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Sep 17, 2015)
   Gregory Burwell, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the grand jury in the Eastern District of Virginia that indicted him. After the agency failed to respond, Burwell filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Sanctions
5. THOMAS v. U.S. DEPARTMENT OF JUSTICE (filed Sep 17, 2015)
   Ernest Thomas, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his criminal case. The agency asked Thomas to clarify where his case took place. Thomas provided the information and was assigned a request number. After hearing nothing further from the agency, Thomas filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. New York Times Company v. Federal Bureau Investigation (filed Sep 17, 2015)
   The New York Times submitted a request to the FBI for records related to the agency’s investigation of Hiram Martinez, Jr. between 1988-1993. The agency told the Times that it had closed its investigation but denied access to the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The New York Times appealed the agency’s denial to the Office of Information Policy, which upheld the FBI’s denial. The New York Times then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees